HomeMy WebLinkAbout2-22-2007-2i - Resolution - 02/22/2007
RESOLUTION NO. 2-22-2007-2i
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, JOHN
ALBERNAZ, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED
AT LOT 4, BLOCK 22, EMERALD I:OREST PHASE ll-B SUBDIVISION, MORE
COMMONLY KNOWN AS 8428 TURTLE ROCK LOOP, INTO THE EASEMENT.
WHEREAS, the City of College Station, has received an application for a license to encroach
into a utility easement;
WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling
and governing encroachments;
WHEREAS, in order for a license to be granted by the City Council of the City of College
Station, the Council must make certain findings of facts;
WHEREAS, after hearing the application of John Albernaz to encroach into the easement, the
City Council of the City of College Station, finds the following facts:
1. That through no fault ofthe present property owner, a portion of the structure was
constructed in the utility easement.
2. That there are no utilities which would be interfered with by the utilization of the
property in its present status.
3. That there are no utilities which would interfere with the utilization of the
property in its present status.
4. That the structure intrudes into the easement to such a degree that it is not
economically feasible to remove the part of the structure within the easement.
5. That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood;
WHEREAS, the City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
1. The fact that the structure was constructed within the easement through no fault of
the present property owner and that it is not economically feasible to remove the
part of the structure within the easement area does constitute special
circumstances and conditions affecting the property which if not take into
consideration would deprive the applicant of the reasonable use of his property.
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to remove the part of the structure within the
easement does provide a basis for granting the license necessary for the
preservation and enjoyment of the substantial property right of the applicant.
Resolution No.2-22-2007 -2i
Page 2
3. The fact that the use of the easement area by the property owner does not interfere
with the utilities or access to the utilities and is not detrimental to the public
health, safety or welfare or injurious to the property in the area; and
WHEREAS, the applicant agrees to accept !,he terms of the License Agreement as presented to
him; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
1.
That the Mayor is hereby authorized to execute on behalf of the City of College Station a
License Agreement with John Albernaz pertaining to the encroachment of a portion of a structure
located at Lot 4, Block 22, Emerald Forest Phase II-B Subdivision, more commonly known as
84228 Turtle Rock Loop, into the easement area. The terms of said License Agreement are as
set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference
for all purposes.
II.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this 22nd day of Februarv, 2007
~~ ttJ2
CONNIE HOOKS, City Secretary
APPROVED:
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'A ~
RON S , Mayor
APPROVED:
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City Attorney
I
UCENSE AGREEMENf
TIiE STA1E OF 1EXAS *
* KNOW All MEN BY TIiESE PRESENTS:
CDUN1Y OF BRAZOS ,>
That the Gty of College Station (hereinafter referred to as "UCENSOR"), acting through the
undersigned official who is so empowered by resolution of the City Council to so act in
considetation of the agreement made herein by JOHN ALBERNAZ (hereinafter referred to as
"UCENSEE"), owner of Lot 4, Block 22, Emerald Forest Phase 11-B Subdivision, College Station,
Texas, accotding to the plat recorded in Volume 5711, Page 177 of the Official Records of Brazos
County, Texas, hereby ~rants a license to the said UCENSEE to permit a portion of a structure
located on a portion of Lot 4, Block 22, Emerald Forest Phase ll-B SubdiViSion, College Station,
Texas, to encroach upon the easement, as shown on Exhibit "B" attached hereto and incorporated
herein by reference for all purposes, owned and occupied by the Gty of College Station, Btaws
County, Texas, but such improvements shall be at all times under and not in contact with any
electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility,
including any drainage structures which are servicing the improvements and other property, and
subject to the foUmving tenns and conditions:
Neither the granting of the license, nor any related pennit, constitutes an abandonment by
LICENSOR of its property, easement or easements, or any other rights in and to the above-
described property. UCENSEE expressly stipulating and a&reeing by UCENSEE's acceptance of
this license that UCENSEE neither asserts nor claims any l!1terest or right of any type or nature
whatsoever, legal, equitable or otherwise in or to LICENSOR's property.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and
defend the UCENSOR and hold it harmless from any and all liability, claim, cause of action, and
cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers,
agents, and employees, which may grow out of Ot be atttibutable to the granting by the UCENSOR
of said license and any supplemental license which may hereafter be issued in connection herewith
including any ins~ctions which may be conducted in connection with or pursuant to said license or
any supplemental license.
LICENSEE, at its oVlll expense, shall restore or cause to be restored the subject property to as good
a condition as existed pnor to construction of the ~rovements which are the subject of this
License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities
that may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of
said improvements. .
UCENSOR retains the right, but not the obligation, to entet upon the land to which this license
applies and at LICENSEE's expense to remove any structure or improvements or alterations
thereon upon the determination by LICENSOR that such removal is necessary for exercising
LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or
public interest in regard to said easement.
TIlls license, until its expiration or revocation, shall run with the title to the above-described real
properry, and the tenus and conditions hereof shall be binding upon subsequent oVlllers or holders
thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this
License Agreement.
This license shall expire automatically upon removal of the improvements located upon the property
pursuant to this license, and shall expire as to any portion of said improvements upon the removal,
Whether or not all of the proposed improvements are removed.
TIlls license is revocable by the UCENSOR upon the occurrence of any of the following conditions
or events:
A LICENSEE or its successors or assigns have failed to comply with the tenus of the
granting of the license; or
B. The improvements located thereon or any portion of them interfere with the rights
of the UCENSOR or the public in or to LICENSOR's property; or
C The use of the licensed area becomes necessary for a public purpose; or
D. Said improvements or a portion of them constitute a danger to the public which is
not remediable by maintenance or alteration of the said improvementsj or
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E. Said improvements or a ponion of them have expanded beyond the scope of the
license; or
F. lv1aintenance or alteration necessary to alleviate danger to the public has not been
made within a reasonable time after the dangerous condition has arisen.
This license shall be effective upon the acceptance of the tenns hereof by the UCENSEE, as
indicated by the signature of UCENSEE,
The license shall be filed of record in the Official Records of the County Oerk of the Brazos County
Counhouse. .
APPROVED this the
day of
,200_.
APPROVED:
JOHN ALBERNAZ,
UCENSEE
APPROVED:
CITY OF COllEGE STATION,
UCENSOR
BY:
BY:
, :Mayor
ATI'EST:
CONNIE HOOKS, City SecretaI)'
STATE OF TEXAS
COUNTY OF BRAZOS
CORPORATE ACKNOWLEDGMENT
TIlls instrument was acknowledged before me on the day of
, as Mayor 01 the City 01
MuruCIpal CorporatIon, on behalf at saId Corporation.
,200,by
College Stauon, a Texas
Notal)' Public m and lor
the State ofTE XAS
STATE OF TEXAS
COUNTY OF BRAZOS
CORPORATE ACKNOWLEDGMENT
TIlls instrument was acknowledged before me on the _ day of
~ ,~ as ~
on behalf of saId
Notary Public ill and for the State of Texas
.2.
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ENCROACHMENT NO. I
METES AND BOUNDS DESCRIPTION
OFA
4.87 SQUARE FOOT TRACT
PORTION OF LOT 4, BWCK 22
EMERALD FOREST, PHASE 11-B
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SIJUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 4,
BLOCK 22, EMERALD FOREST, PHASE II-B, ACCORDING TO TIffi PLAT RECORDED IN VOLUME 5711,
PAGE 177 OF TIffi OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEINIG A
PORTION OF A CALLED 15.00 FOOT WIDE SANITARY SEWER EASEMENT TO TIffi CITY OF COLLEGE
STATION RECORDED IN VOLUME 322, PAGE 485 OF TIffi DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON TIffi SOUTHWEST LINE OF TIJR1LE ROCK LOOP
(50' R.O.W.) MARKINGTIffi EAST CORNER OF SAID LOT 4 AND TIffiNORTH CORNER OF LOn, BLOCK
22;
THENCE: S 44058' 51" W ALONG TIffi COMMON LINE OF SAID LOT 4 AND LOn FORADlSTANCE OF
40.30 FEET TO A POINT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND MARKING TIffi soum CORNER
OF SAID LOT 4 BEARS: S 440 58' 51" W FOR A DISTANCE OF 89.71 FEET;
THENCE: N 450 01' 09" W TIlROUGH SAID LOT 4 FOR A DISTANCE OF 8.07 FEET TO AN EXISTING
BUILDING CORNER MARKING TIffi POINT OF BEGINNING OF TIllS HEREIN DESCRIBED TRACT;
THENCE: TIlROUGH SAID LOT 4 FOR TIffi FOLLOWING CALLS:
S 50. 34' 41" W ALONG A SOUTHEAST LINE OF SAID BUILDING FORA DISTANCE OF 7.91 FEET
TO A POINT ON TIffi NORTHWEST LINE OF SAID EASEMENT;
N 410 43' 37" E ALONG TIffi NORTHWEST LINE OF SAID EASEMENT FORA DISTANCE OF 8.00
FEET TO A POfNT'ON A NORTHEAST LINE OF SAID BUILDING
S 390 38' 57" E ALONG SAID NORTHEAST LINE OF SAID BUILDING FOR A DISTANCE OF 1.23
FEET TO TIffi POINT OF BEGINNING CONTAINING 4.87 SQAURE FEET OF LAND AS
SURVEYED ON THE GROUND JANUARY, 2007. SEE PLAT PREPARED JANUARY, 2007, FOR
MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON TIffi
PLAT CALL BEARINGS OF EMERALD FOREST, PHASE 11-B, 5711/177.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
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D:/WORKlMABI07-034A.MAB
ENCROACHMENT NO. 2
METES AND BOUNDS DESCRIPTION
OF A
0.56 SQUARE FOOT TRACT
PORTION OF LOT 4, BLOCK 22
EMERALD FOREST, PHASE 11 -B
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 4,
BLOCK 22, EMERALD FOREST, PHASE 11 -B, ACCORDING TO THE PLAT RECORDED IN VOLUME 5711,
PAGE 177 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEINIG A
PORTION OF A CALLED 15.00 FOOT WIDE SANITARY SEWER EASEMENT TO THE CITY OF COLLEGE
STATION RECORDED IN VOLUME 322, PAGE 485 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TURTLE ROCK LOOP
(50' R.O.W.) MARKING THE EAST CORNER OF SAID LOT 4 AND THE NORTH CORNER OF LOT 3, BLOCK
22;
THENCE: S 44° 58' 51" W ALONG THE COMMON LINE OF SAID LOT 4 AND LOT 3 FORA DISTANCE OF
62.03 FEET TO A POINT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER
OF SAID LOT 4 BEARS: S 44° 58' 51" W FOR A DISTANCE OF 67.98 FEET;
THENCE: N 45° 01' 09" W THROUGH SAID LOT 4 FOR A DISTANCE OF 7.64 FEET TO AN EXISTING
BUILDING CORNER MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT;
THENCE: THROUGH SAID LOT 4 FOR THE FOLLOWING CALLS:
S 50° 34' 41" W ALONG A SOUTHEAST LINE OF SAID BUILDING FOR A DISTANCE OF 2.69 FEET
TO A POINT ON THE NORTHWEST LINE OF SAID EASEMENT;
N 41° 43' 37" E ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A DISTANCE OF 2.72
FEET TO A POINT ON A NORTHEAST LINE OF SAID BUILDING
S 39° 38' 57" E ALONG SAID NORTHEAST LINE OF SAID BUILDING FOR A DISTANCE OF 0.42
FEET TO THE POINT OF BEGINNING CONTAINING 0.56 SQAURE FEET OF LAND AS
SURVEYED ON THE GROUND JANUARY, 2007. SEE PLAT PREPARED JANUARY, 2007, FOR
MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE
PLAT CALL BEARINGS OF EMERALD FOREST, PHASE 11 -B, 5711/177.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
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